Search results for "private law"

Interpretation of manifest excess of powers with regard to jurisdictional and applicable law matters in the ICSID annulment proceedings within the me…

2019

There are a limited number of post-award remedies available, the annulment mechanism being the only plausible way to challenge the award. The annulment provision, Article 52, allows challenging the award with regard to the procedural matters only. The most frequently ground for annulment is “manifest excess of powers” as listed in the said provision. However it is not identified what errors of a Tribunal fall within this ground, as well as there is nothing about applicable law and jurisdictional matters in the provision. The thesis aims to analyze how the “manifest excess of powers” is interpreted and applied with regard to jurisdictional and applicable law matters. While some of the errors…

Effects on accounting legislation by an EU-wide implementation of the IFRS for SMEs – the case of Germany

2020

Harmonisation of companies’ financial reporting obligations is essential to economic decision-making in an international business environment. The degree of harmonisation for small and medium-sized entities (SMEs) is still relatively low but the acceptance for the IFRS for SMEs is increasing in recent years. Currently, the standard is being revised and its standard-setting body is awaiting comments from its stakeholders. While the European Union is reluctant to adopt the IFRS for SMEs, the success of its internal harmonisation attempts by the EU Accounting Directive is doubtful and often criticised by the Directive’s stakeholders and researchers. The excessive number of options led to 27 di…

Challenges of free data flow between the EU and US: can EU-US privacy shield ensure co-operation?

2020

The following thesis aims to provide an insight into the way US and EU data protection regulations compare to each other and how those can harmonized in the future with an idea to make it easier to understand how cross-country business might operate in this environment and whether there could be any harmonization opportunities to provide less burden on businesses in trying to comply with different laws across Atlantics. The research question of the thesis therefore is “Is current framework for data transfers between EU-US relevant and stable for future challenges in data protection field?” and “If not, then how two legal systems can be better harmonized based on the analysis of both of them…

Data as an asset in an insolvency procedure

2021

When a business becomes insolvent, assets that has selling value prevails within the insolvency process. Understanding if personal data can be classified as an asset and whether it can be sold when facing insolvency proceedings is determined in this Thesis. General Data Protection Regulation safeguards personal data of the EU data subjects including processing of such data. This regulation protects the EU data subjects also outside of the EU or EEA. Processing that includes sale of personal data is made possible if full compliance with the Regulation is applied. Legal basis for such processing that is required for the processing to be legal includes legal obligation arising from insolvency.…

An analysis of the liability rule in Latvia in case of a transfer of an undertaking in the context of freedom of contract principle

2018

The objective of this Thesis is to answer whether Article 20 of the Commercial Law of Latvia is compatible with freedom of contract principle. Chapter 1 analyzes the limitation put on freedom of contract principle in case of a transfer of an undertaking set in Article 20 and the purpose of such limitation. Chapter 2 analyzes the way freedom of contract principle manifests in contemporary legal framework, both in Latvian normative acts and European Contract Law. Thesis concludes that Article 20 is incompatible with freedom of contract principle. Considering that freedom of contract, while a component of fundamental, is not an absolute right, the existence of the limitation on freedom of cont…

Personal data protection in the EU – cooperation and competences of EU and national data protection institutions and bodies

2017

This article focuses on the institutional aspect of European Union (EU) personal data protection. The aim of the article is to identify current problems in division of competences and in cooperation between national and EU data protection institutions. The author analyses these aspects on two levels. On the vertical level, the author analyses the competences and cooperation between national and EU institutions and on the horizontal level – the division of competences and cooperation between different national data protection authorities. As of now, each Member State has different data protection rules and procedures. Moreover, as in the EU context data protection is a shared competence, MS …

Legal controversies and ethical considerations concerning the property rights in the human body

2021

When considering the rise of the biotech industry over the years, one might wonder if the procurement of the biological materials, that are necessary for the success of the industry, was done through ethical and safe measures, especially considering the stagnant position of many countries towards granting individuals ownership rights over their bodies. As such, this paper inspects and compares the current legal approaches that are used in certain common law and civil law jurisdictions to determine individuals’ rights over their bodies, and considers the bundle of rights concept and the law of equity as possible solutions to the ethical and equitable deficiencies observed in certain jurisdic…

Entwurf der livländischen Ritter- und Landschaft, betreffend die Schätzung der im livländischen Gouvernement belegenen Immobilien behufs Umlage der L…

1899

Residential tenancy as a viable substitute to home-ownership in Latvia

2020

In light of the high rates of owner-occupancy and the view of residential tenancy being an inferior type of tenure, the Latvian government for the past decade has tried to implement a new regulation for residential tenancy to cure the situation. This thesis presents a comparative analysis of both, the regulatorily environment and the present economic and social situation, of the tenancy market in the Baltic states. Based on the findings, and by adding a theoretical framework of the necessity of a sound residential tenancy market, an assessment of possibility for the proposed regulation to reach its aims is presented.

Profesors Kalvis Torgāns: biobibliogrāfiskais rādītājs

1999

Saturs: Priekšvārds 5 Profesors Kalvis Torgāns 6 Professor Kalvis Torgans 12 Professor Kalvis Torgans 17 Профессор Капвис Торган 23 Profesora Kalvja Torgāna publicētie darbi 38 Profesora Kalvja Torgāna rediģētie un recenzētie darbi 57 Profesora Kalvja Torgāna sastādītie darbi 60 Profesora Kalvja Torgāna populārzinātniskie raksti, publicistika 62 Raksti par profesoru Kalvi Torgānu 65 Profesora Kalvja Torgāna darbu alfabētiskais rādītājs 72 Personu rādītājs 80